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May 18, 1896, the Supreme Court delivered its verdict in Plessy v. Ferguson. In declaring separate-but-equal facilities constitutional on intrastate railroads, the Court ruled that the protections of 14th Amendment applied only to political and civil rights (like voting and jury service), not “social rights” (sitting in the railroad car of your choice).
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After the decision in Brown, parents of children with disabilities began to bring lawsuits against their school districts for excluding and segregating children with disabilities. The parents argued that, by excluding these children, schools were discriminating against the children because of their disabilities.
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Congress enacted the Elementary and Secondary Education Act (ESEA) in 1965 to address the inequality of educational opportunity for underprivileged children. This landmark legislation provided resources to help ensure that disadvantaged students had access to quality education.
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This landmark legislation provided resources to help ensure that disadvantaged students had access to quality education.
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Pennsylvania Assn. for Retarded Children v.Commonwealth of Pennsylvania (PARC) PARC dealt with the exclusion of children with mental retardation from public schools. Mills v. Board of Education of District of Columbia.
Mills involved the practice of suspending, expelling and excluding children with disabilities from the District of Columbia public schools. -
On November 19, 1975, Congress enacted Public Law 94-142 in 1975, also known as The Education for All Handicapped Children Act of 1975. Congress intended that all children with disabilities would “have a right to education, and to establish a process by which State and local educational agencies may be held accountable for providing educational services for all handicapped children.”
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In 1990, amendments to the law were passed, effectively changing the name to IDEA. In 1997 and again in 2004, additional amendments were passed to ensure equal access to education.
This federal legislation is designed to ensure that children with disabilities be granted a free appropriate public education (FAPE) in the least restrictive environment (LRE). -
The purpose of the No Child Left Behind Act of 2001 is “to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessment
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The Act, effective January 1, 2009, emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
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On December 10, 2015, President Obama signed the Every Student Succeeds Act (ESSA) that reauthorizes the Elementary and Secondary Education Act of 1965 (ESEA). [The previous version of ESEA, the No Child Left Behind (NCLB) Act, was enacted in 2002.]
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